Supreme Court says voters cleared by Tribunals till Apr 21 and 27 eligible to vote

Welcoming the order, Chief Minister Mamata Banerjee told reporters in Cooch Behar that she has directed workers of the ruling TMC to deliver voter slips “overnight” to ensure that excluded voters whose names figure in the supplementary list can cast their ballots.

Chief Electoral Officer (CEO) Manoj Agrawal told reporters that the Election Commission would add to its voter list all names cleared by the Tribunals up to April 21, adding that the supplementary list would cover cases accepted on appeal that had earlier been rejected during adjudication.

Meanwhile, on the outskirts of Kolkata, at the SMP Institute in Joka where infrastructure is in place for the Tribunals and 19 retired judges have held discussions on SoPs to be followed, there has been no official word on the hearings.

Earlier, two cases were heard — of Motab Shaikh, the Congress candidate from Farakka who was reinstated in the rolls after his passport deemed proof of citizenship; and, Mottakin Alam, the former Manikchak MLA, who was allowed to file his nomination from Ratua after his name was restored.

According to EC data, about 90.8 lakh names from the state’s original 7.6 crore electorate have been deleted in the SIR. While about 63 lakh names were removed for designated reasons, such as death or relocation, the remaining 27 lakh were excluded during a “logical discrepancy” check.

Election officials are yet to disclose the number of appeals received even as sources indicated that it has crossed 5 lakh. Voting will be held for 152 seats in the first phase and 142 seats in the second.

In its order, the Supreme Court bench said it was invoking its powers under Article 142 to direct the Election Commision (EC) that “wherever the Appellate Tribunals are able to decide the appeals by 21.04.2026 or 27.04.2026, as the case may be, such appellate orders shall be given effect to by issuing a supplementary revised electoral roll, and all necessary consequences with respect to the right to vote shall follow”.

The bench, however, clarified that “mere pendency of appeals preferred by excluded persons before the Appellate Tribunals shall not entitle them to exercise their right to vote”.

It said, “…if such a scenario were to be permitted to subsist, the consequence would be that objectors may likewise seek denial of the right to vote to those individuals whose names appear in the revised electoral roll, but against whom such objectors have preferred appeals”.

“The resultant situation would effectively recreate the very state of affairs that existed prior to the entrustment of the verification exercise to the Judicial Officers. This, in our considered view, cannot be permitted, particularly when Judicial Officers from the State of West Bengal, duly assisted by Judicial Officers from the States of Jharkhand and Odisha, have completed what can only be described as a truly Herculean task within a remarkably short span of time,” it said.

On April 13, the court had heard a plea by petitioners who said their cases were pending before the Appellate Tribunals and urged that their names be included in the electoral roll, pending final adjudication by the Tribunals.

During the hearing, the bench of CJI and Justice Bagchi had indicated that it may ask the EC to come out with a supplementary voters list as and when the appeals against decisions of the judicial officers, deputed for deciding names flagged on the ground of logistical discrepancies, are cleared by the Appellate Tribunals.

Justice Bagchi had then flagged the issue of exclusion of voters vis and vis the winning margin and termed the right to vote the “biggest expression of nationality and patriotism…in a democratic government”.

“…Suppose margin is 2% and 15% of electorate who are mapped could not vote, then maybe we are not expressing any opinion, but we would definitely have to apply our minds,” the judge had said.

On the request for including the petitioner’s names in the electoral rolls pending their adjudication by the Tribunals, the order uploaded on the SC website Thursday, said, “…in our view, the prayers…run contrary to the scheme laid out by this Court, inasmuch as, upon verification by the Judicial Officers entrusted with such exercise pursuant to the directions of this Court, the petitioners have been found to be not genuine”.

“We say so because such verification displaces the presumption of correctness that was attached to their prior inclusion, particularly when viewed in light of the fact that the exercise has been undertaken by a neutral body comprising presently serving Judicial Officers,” it said.

It said that “the petitioners, if so advised, may therefore approach the Appellate Tribunal before whom their appeal is listed and make out a case of out of turn hearing. It is clarified that we have not expressed any opinion on merits of the case”.

On the status of the Tribunals, the bench noted that “all requisite training for the Members of the Appellate Tribunals stands completed and that, as on date, the Appellate Tribunals are fully functional”.

The order pointed out that “over 34 lakh appeals have already been filed” with the Tribunals, “not only against alleged wrongful exclusion, but also, in a substantial number of cases, by objectors aggrieved by the inclusion of several persons in the revised electoral rolls.”

It added that “all such appeals are, therefore, required to be adjudicated by the Appellate Tribunals in accordance with the Standard Operating Procedure formulated by the Committee, as well as the parameters indicated in our order dated 01.04.2026”.

By its April 1 order, the bench had asked the Tribunals “to eliminate any doubt…to revisit the full records, including the reasons assigned by the Judicial Officers while adjudicating the objections, before making a decision on the appeals filed before them, and also to inform the parties of these reasons”.

It added that “the Appellate Tribunals are free to evolve their own procedures in accordance with the principles of natural justice, and are requested to adjudicate the appeals after providing the parties with a fair opportunity of being heard”.

Speaking in Cooch Behar, Mamata Banerjee congratulated voters and said she “received this good news while sitting in the helicopter right after leaving Dinhata (in Cooch Behar)”. “I have been repeatedly telling everyone to stay patient and apply for adjudication at the Tribunal. Today or tomorrow, you will certainly receive it,” she said.

“Once we receive (the supplementary list), I will instruct all our booth workers and leaders in various areas to prepare the voter slips overnight and deliver them to every doorstep. This is to ensure that those whose names were previously excluded are able to cast their votes. I am happy and proud of my judiciary. I had scrutinised this myself… it was based on my case,” she said.

CEO Agrawal said, “From what I can gather from the order, those whose cases were previously rejected during adjudication but are now cleared or accepted by the Tribunal will have their names included in our list. Our final list for the first phase was finalised on April 9. Now, as the Tribunal continues its functions, whatever cases are disposed of until April 21 will be added by us. Those voters who receive clearance from the Tribunal will have their voting rights restored.”

Asked about the procedure, Agarwal said he hasn’t “received any circular regarding the finalised SoP”.